These Terms of Service ("Terms") form a binding agreement between you and Dan The Body, a sole proprietorship based in the State of California, United States ("Dan The Body," "we," "us," or "our"), governing your access to and use of danthebody.com (the "Site") and any training, nutrition, or related services we provide (the "Services").
By using the Site or purchasing the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Site or Services.
Read this first. The Services involve physical exercise and dietary recommendations. There are inherent risks. By using the Services you acknowledge those risks, confirm you are medically cleared to exercise, and accept the assumption-of-risk and release in Section 6.
1. Eligibility
You must be at least 18 years old and able to form a legally binding contract to use the Services. By using them, you represent that you meet these requirements.
2. Services
Dan The Body offers personalized strength training, nutrition guidance, and related performance protocols. The exact scope, duration, and price of each engagement are set out in a separate written or electronic agreement ("Training Agreement") that supplements these Terms. In case of conflict, the Training Agreement controls for the specific engagement.
3. Not Medical Advice
The Services and any content on the Site — including programs, articles, videos, recommendations, and communications — are for informational and educational purposes only. They are not medical advice, diagnosis, or treatment, and they are not a substitute for advice from a qualified physician, registered dietitian, or other licensed healthcare professional.
You should consult a qualified physician before starting any exercise program or nutrition plan, particularly if you have a pre-existing condition, are pregnant, have an injury, or take medication. Stop and seek medical attention if you experience pain, dizziness, shortness of breath, or any symptom that concerns you.
4. Payment, Refunds & Cancellations
- Fees, billing cycles, and accepted payment methods are stated in the Training Agreement.
- Payments are processed by a third-party processor. By submitting payment information, you authorize charges in accordance with the Training Agreement.
- Unless required by law or expressly stated in the Training Agreement, all fees are non-refundable once a training cycle has begun.
- Either party may terminate an engagement in accordance with the Training Agreement. Sections 3, 6, 7, 8, 10, 11, and 12 survive termination.
5. Your Responsibilities
- Provide accurate, complete information about your health, training history, and goals, and update us promptly if anything material changes.
- Use proper form, appropriate equipment, and reasonable judgment when performing any exercise.
- Do not exceed your capabilities or work through pain.
- Keep your login credentials and any program materials confidential. Do not share, resell, or redistribute proprietary programs or content.
6. Assumption of Risk & Release
Exercise — including strength training, conditioning, and dietary changes — carries inherent risks, including muscle strain, joint injury, cardiovascular events, and in rare cases serious injury or death. You voluntarily assume all such risks.
To the fullest extent permitted by California law, you release, waive, and discharge Dan The Body and its owner, employees, and agents from any and all claims, demands, losses, and liability arising out of or related to your use of the Services, including those caused by negligence, except for claims that cannot be waived by law (such as gross negligence or willful misconduct).
7. Intellectual Property
All programs, written materials, videos, images, logos, brand marks, and other content on the Site or provided as part of the Services are owned by Dan The Body or its licensors and are protected by copyright, trademark, and other laws. You receive a limited, non-exclusive, non-transferable license to use them solely for your personal training, while your engagement is active. You may not copy, distribute, publish, resell, or create derivative works without written permission.
8. Testimonials & Results
Testimonials, before-and-after photographs, and statistics on the Site reflect the experience of specific clients. Individual results vary and depend on factors including genetics, adherence, starting condition, and lifestyle. No specific result is guaranteed.
9. Third-Party Links & Tools
The Site may link to or integrate with third-party websites, apps, or services. We are not responsible for their content, policies, or practices. Your use of any third-party service is governed by that service's terms.
10. Disclaimer of Warranties
The Site and Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. Some jurisdictions do not allow exclusion of certain warranties, so portions of this section may not apply to you.
11. Limitation of Liability
To the maximum extent permitted by law, Dan The Body will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or in connection with the Site or Services, even if advised of the possibility of such damages.
Our total aggregate liability for any claim arising out of or related to these Terms or the Services will not exceed the greater of $500 USD or the amount you paid us in the twelve months preceding the event giving rise to the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless Dan The Body and its owner, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Site or Services; (b) your breach of these Terms; or (c) your violation of any law or third-party right.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The parties first agree to attempt to resolve any dispute through good-faith negotiation. If unresolved within thirty (30) days, either party may submit the dispute to binding individual arbitration administered by JAMS or the American Arbitration Association under their applicable consumer rules, seated in California. Class actions and class-wide arbitration are waived. Either party may bring an individual action in small-claims court for qualifying claims.
14. Changes to the Services or Terms
We may modify or discontinue the Services at any time. We may also update these Terms; if we do, we will revise the "Last Updated" date and, for material changes, give a more prominent notice. Continued use after a change means you accept the updated Terms.
15. Miscellaneous
- Entire agreement: these Terms, together with any Training Agreement and the Privacy Policy, form the entire agreement between you and Dan The Body regarding the Services.
- Severability: if any provision is found unenforceable, the rest remain in force.
- No waiver: our failure to enforce a provision is not a waiver of it.
- Assignment: you may not assign these Terms without our written consent; we may assign them in connection with a sale or reorganization.
16. Contact
Questions about these Terms? Contact us at:
Dan The Body
California, United States
Email: Danthebodydtb@gmail.com